Privacy Statement

Statement

This privacy statement applies to https://www.webtrends.com and other sub-domains comprising our corporate web presence (together our “Corporate Websites”); as well as to our Software-as-a-Service (SaaS) platforms owned and operated by Webtrends Inc. (our “SaaS Solutions”). This privacy statement (“Statement”) explains how your personal information is collected, used, and disclosed by Webtrends Inc. and its subsidiaries and affiliated companies (“Webtrends” or “We”). It also describes the choices available to you regarding the use of, your access to, and how to update and correct your personal information. It applies to all business clients of our products and services and visitors to our websites. This Statement does not apply to household consumers, visitors to Webtrends’ clients’ sites, and services, or employees. This Statement does not cover the practices of any third parties or their services, including any social networking platforms you choose to use to connect with Webtrends Corporate Websites or SaaS Solutions, or to business clients who use Webtrends services to collect information from their customers. For information about third party privacy practices, please consult their privacy policies.

EU-U.S. Privacy Shield and Swiss-U.S. Privacy Shield

Webtrends Inc., WT EMEA Acquisition Limited, and Webtrends Nordic AB (together “Webtrends”) participate in and have certified their compliance with the EU-U.S. Privacy Shield Framework and the Swiss-U.S. Privacy Shield Framework. Webtrends is committed to subjecting all personal data received from European Union (EU) member countries and Switzerland, respectively, in reliance on each Privacy Shield Framework, to the Framework’s applicable Principles. To learn more about the Privacy Shield Frameworks, and to view our certification, visit the U.S. Department of Commerce’s Privacy Shield List. [ https://www.privacyshield.gov/list]

Webtrends is responsible for the processing of personal data it receives, under the Privacy Shield Frameworks, and subsequently transfers to a third party acting as an agent on its behalf. Webtrends complies with the Privacy Shield Principles for all onward transfers of personal data from the EU and Switzerland, including the onward transfer liability provisions.

With respect to personal data received or transferred pursuant to the Privacy Shield Frameworks, Webtrends is subject to the regulatory enforcement powers of the U.S. Federal Trade Commission. In certain situations, Webtrends may be required to disclose personal data in response to lawful requests by public authorities, including to meet national security or law enforcement requirements.

Webtrends, Inc. has further committed to cooperate with EU data protection authorities (DPAs) with regard to unresolved Privacy Shield complaints concerning human resources data transferred from the EU in the context of the employment relationship.

With respect to its Corporate Websites, Webtrends collects various data as described further in this document for the purpose of responding to your requests, for first party marketing, as well as to better understand our clients and their interests.

With respect to its SaaS Solutions, Webtrends is a data processor for all personal data collected on behalf of clients (“Client Data”) – clients, as data controller, determine the purpose and legal basis of all data processing activities – and Webtrends is a data controller for all personal data of client’s employees (“SaaS Solutions Users”) collected and processed during access to these solutions.

Recipients of Personal Data Collected

With respect to Webtrends Corporate Websites, all data collected is stored in secure applications with access limited to business needs. No personal data is shared with third parties other than services providers acting as Webtrends’ agents.

With respect to its SaaS Solutions, Webtrends does not provide any third party with access to Client Data. Webtrends may share personal data of SaaS Solutions Users with service providers acting as Webtrends’ agents (such as for email notifications).

European Data Subjects Rights

The Privacy Shield and European data protection regulations provide European data subjects with the following rights:

Right of access;

Right to rectification;

Right to erasure;

Right to restrict processing;

Right to object.

To exercise your rights, see Your Information Choices and Changes section below for more information.

Personal Information Requests by Public Authorities

In certain situations, Webtrends may be required to disclose personal data: a) in response to lawful requests, such as to comply with a subpoena or other legal process, by public authorities including national security and law enforcement; b) in the event that Webtrends files for bankruptcy; c) to protect our rights; d) to protect your safety or that of others; e) to investigate fraud, or f) to respond to a government request.

Information We Collect

Here are a few ways we collect your information and the types of information we collect. We may also obtain information from other sources. Information we collect may be in the form of personal information or anonymized data. Anonymized data may be in the form of aggregate data. Aggregate data is information we collect about a group or category of services or users from which individual user identities have been removed. In other words, no personal information is included in aggregate data. Aggregate data helps us understand trends in our users’ needs so that we can better consider new features or otherwise tailor our products and services. This Policy does not restrict or limit our collection and use of aggregate data.

Information You Provide To Us

We collect personal information you give us. These are the general types of information we may collect from you:

Registration and Profile Information – When you register to use our service, to receive information, to participate in our events, and create or update your forum profile, we may collect various kinds of information about you. For example, we may collect: your name; postal address; phone numbers; fax numbers and email address; your log-in ID and password; your title; company; and other profile information you provide; demographic information; and information linked with your profile such as comments you may post.

Submissions and Customer Service – From time to time we may use surveys, contests, or sweepstakes requesting personal information. Information we collect may include demographic information, information about your personal interests, and your feedback as a valued client.

Information We Automatically Collect

When you visit our site or use our services, some information such as your computer’s operating system, Internet Protocol (IP) address, access times, browser type and language, and the website you visited before our Corporate Websites is logged automatically and stored in log files. We also collect information about your usage and activity on our Corporate Websites. We may tie your IP address to information we automatically collect on our Corporate Websites. We may also tie information we automatically collect with personal information, such as your login ID and information you give us at registration. We use our own products, and products of third parties acting on our behalf, to analyze, optimize, and improve our site. To opt-out of online behavioral advertising, please visit http://www.networkadvertising.org/managing/opt_out.asp.

We will also collect information on your usage of the SaaS Solutions to ensure the security of the data we collect on behalf of our clients. You cannot opt-out of this collection and processing as it is necessary to ensure the security of the service we provide to our clients.

Webtrends and our marketing partners, affiliates, analytics providers, and leads management providers use cookies and similar tracking technologies to analyze trends, administer the site, track users’ movements around the site, and gather demographic information about our user base as a whole. We may receive reports based on the use of these technologies by these companies on an individual as well as aggregated basis.

We use cookies for analytics, user experience and session tracking, as well as ad and video tracking. Users can control the use of cookies at the individual browser level. If you reject cookies, you may still use our site, but your ability to use some features or areas of our site may be limited.

Click here to find out more about the types of cookies Webtrends uses.

Webtrends may also use device-recognition technologies combined with other identifiers to create cross-browsers and cross-devices identities to provide you with better services.

Behavioral targeting/Re-targeting – We partner with third parties to either display advertising on our Corporate Websites or to manage our advertising on other sites. Our third party partners may use technologies such as cookies to gather information about your activities on this site and other sites in order to provide you advertising based upon your browsing activities and interests. If you wish to not have this information used for the purpose of serving you interest-based ads, you may opt-out by clicking here (or if located in the European Union click here). Please note this does not opt you out of being served ads. You will continue to receive generic ads.

Information We Obtain from Other Sources

Webtrends may collect information about you from third party sources and services. We may buy or lease contact, marketing, and demographic data from brokers. Webtrends may also access certain profile information such as friends, profile picture, etc. from social networking platforms and services that you use to interact with Webtrends Corporate Websites and SaaS Solutions. We may combine that third party information with information we collect directly from you.

Use of Personal Information

We use personal information collected through our Corporate Websites and SaaS Solutions in the ways we tell you in this Statement. For example, we may use your information to:

contact you to request feedback about your experience with our products and services or learn about your demographics, preferences and interests;

provide and deliver our products and services you use;

send you information related to our products and services you use, including confirmations, invoices, technical notices, updates, security alerts, and support and administrative messages;

communicate with you about new contests, promotions and rewards, upcoming events and webinars, and other news about products and services offered by Webtrends and our selected partners (Corporate Websites only);

anonymize and aggregate personal information for different purposes. This could include market analysis, traffic flow analysis and reporting, and to deliver relevant advertising and information based on click stream data (Corporate Websites only);

customize or personalize advertising and communications to bring you relevant information about products and services that may interest you (Corporate Websites only); and

protect, investigate and deter against fraudulent, unauthorized or illegal activity. We may also link, combine or supplement your personal information with other personal information we get from third parties such as a business directory. We do this to help understand your needs and provide you with better products and services. We may also use your personal information in other ways than as listed here, in which case, we will inform you.

Webtrends may store and process personal information in the U.S., EU member countries, and other countries. Webtrends participates in the U.S. Department of Commerce’s Privacy Shield program and adheres to the Privacy Shield principles regarding the collection, use, and retention of personal information from the EU and Switzerland.

Sharing Of Personal Information

Information You Share

We may engage third parties to provide forums that allow you to connect and share your profile, actions, comments, content, and information publicly and with others. We are not responsible for the personal information you choose to submit in these forums. To learn how the third party applications use your information, please review their privacy policies. To request removal of your personal information from our blog or community forum, follow the instructions in the section titled Your Information Choices and Changes below. We may also allow you to connect and share on third party sites and services. For example, we use a single sign-on service that allows you to sign into Webtrends forums using certain third-party social networking login credentials. This allows you to link your existing social network profile to your Webtrends account. Once connected, you will be able to share and post content on and with the third-party site from Webtrends and share and interact with your friends.

Please be mindful of your own privacy needs as you choose with which third party services to connect, with whom you connect, and what to share and make public. We cannot control the privacy or security of information you choose to make public or share with others. If you share information about others, we suggest you get consent for any information you may share about them.

Webtrends uses the SalesForce platform to power its client support portal. All personal data collected within this portal is owned by Webtrends; SalesForce’s only right is that of a data processor acting on behalf of Webtrends as data controller. Processing such personal data is intrinsic to the purpose of the portal. Should you not want your personal data to be processed, your only option is to stop using the portal – you can do so by contacting comprefs@webtrends.com.

Information We Share

Corporate Websites only – We do not sell and share your personal information with third parties other than as follows:

in an aggregated form that does not directly identify you;

with your consent, for example, when you agree to our sharing your information with other third parties for their own marketing purposes subject to their separate privacy policies;

with third party vendors, consultants and other service providers such as email service providers, marketing service providers, blog service providers and forum service providers who are working on our behalf and need access to your information to carry out their work for us, these service providers are authorized to use your personal information only as necessary to provide these services to us;

when we do a business deal, or negotiate a business deal, involving sale or transfer of all or a part of our business or assets. These deals can include any merger, financing, acquisition, or bankruptcy transaction or proceeding. You will be notified via email and/or a prominent notice on our Corporate Websites of any change in ownership or uses of your personal information, as well as any choices you may have regarding your personal information.

Retention and Security of your Personal Information

The security of your personal information is important to us. When you enter sensitive information (such as log in credentials), we encrypt the transmission of that information using secure transport layer security (TLS). We follow generally accepted industry standards to protect the personal information submitted to us, both during transmission and once we receive it, including encryption in transit, strict access controls, firewalls and intrusion detection systems, hardening and patching procedures, and malware protection. No method of transmission over the Internet, or method of electronic storage, is 100% secure, however. Therefore, we cannot guarantee its absolute security.

Links to 3rd Party Sites

Our Corporate Websites includes links to other websites, mobile sites, and/or mobile applications whose privacy practices may differ from those of Webtrends. If you submit personal information to any of those sites, your information is governed by their privacy policies. We encourage you to carefully read the privacy policy of any site you visit.

Social Media Widgets

Our Corporate Websites includes certain social media features, such as the Facebook button. These features may collect your IP address, may collect which page you are visiting on our Corporate Websites, and may set a cookie to enable such feature to function properly. Social media features are either hosted by a third party or hosted directly on our Corporate Websites. Your interactions with these features are governed by the privacy policy of the company providing it.

Testimonials

We display personal testimonials of satisfied clients on our site in addition to other endorsements. With your consent, we may post your testimonial along with your name. If you wish to update or delete your testimonial, you can contact us at comprefs@webtrends.com.

Your Information Choices and Changes

You may opt-out of receiving promotional emails from Webtrends by following the instructions in those emails. If you opt-out, we may still send you non-promotional communications, such as emails about your accounts, product notices, user forum notices or our ongoing business relations.

In some cases, we may not be able to remove your personal information, in which case we will let you know if we are unable to do so and why.

We will retain your information collected for a commercially reasonable period of time for us to provide services to you and to use it as stated in this Statement. In addition, we will retain your information for as long as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements.

Upon request Webtrends will provide you with information about whether we hold any of your personal information. You may email comprefs@webtrends.com to:

request Webtrends to provide you with information about whether we hold, or process on behalf of a third party, any of your personal information;

request changes to your contact preferences,

request access and changes to your personal information. If you would like this information edited or deleted, we will respond to your request within 30 days,

opt-out of our sharing your information with independent third parties.

As a user of Webtrends SaaS Solutions, you may not opt out of personal data collection, because such data collection is required to ensure the security and integrity of the data we collect on behalf of our clients. If you object to such data collection, please contact the client for whom you work.

Information We Collect On Behalf of Our Clients

Webtrends acts as a service provider for each of our clients, in that we provide our services for the benefit of the client. Each of our clients uses Webtrends products and services to gather information about their own customers and visitors to their sites and digital properties (Client Data). Each client instructs us as to what types of Client Data it would like us to collect on its behalf.

Webtrends will retain personal data we process on behalf of our clients for as long as needed to provide services to our clients, and as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements. Webtrends retains Client Data, including any personal data, we process on behalf of our clients in accordance with the Webtrends Data Retention Policy (Exhibit B of Webtrends Terms of Subscription Service).

If you are a customer of one of our clients and would no longer like to be contacted by one of our clients that uses our service, please contact the client that you interact with directly.

Webtrends may transfer personal information to companies that help us provide our service. Transfers to subsequent third parties are covered by the service agreements with our clients.

Webtrends acknowledges that you have the right to access your personal information. Webtrends has no direct relationship with the individuals whose personal data it processes. An individual who seeks access, who seeks to correct, amend, delete inaccurate data, or who seeks to withdraw consent to further contact should direct his/her query to the applicable Webtrends client. If the client requests Webtrends to remove the data, we will respond to their request within 30 days.

We treat Client Data as the property and confidential information of the applicable Webtrends client. We reserve a limited right to disclose any collected data as required by law, a valid court order, or other request from a governmental authority. Other than under such a limited right, we do not share information collected for one client with our other clients or with any third party.

Webtrends follows our clients’ instructions on cookie placement. To control the placement of cookies set while visiting our clients’ web sites, please consult these clients’ privacy statement and cookie settings.

Changes to this Statement

We reserve the right to modify this privacy statement at any time, so please review it frequently. If we make material changes to this policy, we will notify you here, or by means of a notice on our home page prior to the change becoming effective.